Providing precedence of child-related orders issued under the protection from abuse act.
Impact
If enacted, SB135 could have significant implications for how courts handle cases involving both domestic abuse and child custody. By prioritizing child-related orders, the bill seeks to establish a clearer framework within which courts operate, potentially leading to more consistent outcomes. This change may particularly assist judges and legal practitioners in navigating the complexities associated with cases of domestic violence, providing a valuable reference point as they seek to protect vulnerable parties, notably children, while managing domestic conflict.
Summary
Senate Bill 135 aims to amend the existing Protection from Abuse Act, particularly regarding the precedence of child-related orders. The bill specifies that in cases where a protective order is issued, child custody and parenting time orders issued under child welfare statutes take precedence. This modification is intended to ensure that custody matters, especially those related to children, are determined in a manner that prioritizes their safety and well-being, especially in contexts of alleged domestic abuse. The bill would not only amend existing statutory language but also repeal certain provisions that may conflict with this intent.
Sentiment
The general sentiment surrounding SB135 appears to be supportive among legislators prioritizing child welfare in domestic abuse scenarios. Advocates for the bill argue that it will enhance protections for children and streamline processes for judges involved in these sensitive cases. However, concerns have also been expressed regarding the potential encroachment on the rights of parents involved in custody disputes, leading to some apprehension among certain groups who argue for balanced approaches that consider the nuances of each case.
Contention
Notable points of contention revolve around the decision-making process regarding custody and protective orders. Critics of the bill have raised concerns about the implications of prioritizing child-related orders over protective ones, noting potential risks in scenarios where such prioritization may inadvertently undermine the safety of parents facing domestic violence allegations. Moreover, the immediate effect on existing judicial practices and the interplay between different provisions of the law have prompted discussions about the bill, reflecting a broader debate on how best to safeguard households impacted by abuse while ensuring fair treatment for all parties involved.
Permitting short form notification service and alternative methods of service under the protection from abuse act and the protection from stalking, sexual assault or human trafficking act and clarifying precedence of child-related orders issued under the protection from abuse act.
Increasing the time of an initial restraining order and possible extensions issued in a protection from abuse order or a protection from stalking, sexual assault or human trafficking order.
Requiring protection from abuse and protection from stalking, sexual assault and human trafficking orders to restrain the plaintiff from contacting the defendant.
Including the conduct of utilizing any electronic tracking system or acquiring tracking information to determine the targeted persons location, movement or travel patterns in the crime of stalking when done as part of an unlawful course of conduct and authorizing orders to prohibit such conduct under the Kansas family law code, the revised Kansas code for care of children, the protection from abuse act and the protection from stalking, sexual assault or human trafficking act and increasing the time of an initial restraining order and possible extensions issued in a protection from abuse order or a protection from stalking, sexual assault or human trafficking order.
Defining primary aggressor for domestic violence purposes and requiring law enforcement policies to direct that arrest is the preferred response only with respect to the primary aggressor.
Requiring a person convicted of an offense that resulted in the incapacitation or death of a victim who is the parent or guardian of a minor child to pay restitution in the form of child support and increasing the criminal penalties for repeat violations of a protective order.
Permitting a prosecution for childhood sexual abuse to be commenced at any time, extending the time to file civil actions for recovery of damages caused by childhood sexual abuse and providing exceptions in the Kansas tort claims act for claims arising from such abuse.
House Substitute for Substitute for SB 232 by Committee on Judiciary - Providing for child support orders for unborn children from the date of conception.
Senate Substitute for HB 2016 by the Committee on Judiciary - Enacting the act against abusive access litigation to create a civil action for determining whether litigation that alleges any access violation under the Americans with disabilities act or similar law constitutes abusive litigation and authorize penalties for such abusive litigation.
In protection from abuse, further providing for definitions, for responsibilities of law enforcement agencies, for hearings, for relief, for order to seal record from public view, for service of orders, for arrest for violation of order and for contempt for violation of order or agreement.
Requiring protection from abuse and protection from stalking, sexual assault and human trafficking orders to restrain the plaintiff from contacting the defendant.
Increasing the time of an initial restraining order and possible extensions issued in a protection from abuse order or a protection from stalking, sexual assault or human trafficking order.
Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.